V.I.D.C. Thr Exe. Engineer, ... vs Malkarjun Vithuappa Bhende And ...
2023 Latest Caselaw 9365 Bom

2023:BHC-NAG:13287



                                                                                    11.fa.35.2022 judge.odt
                                                          1



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            NAGPUR BENCH, NAGPUR.

                                         FIRST APPEAL NO. 35 OF 2022

                 1.      Vidarbha Irrigation Development Corporation,
                         through its Executive Engineer, Yavatmal
                         Project, Construction Division, Yavatmal

                 2.      The Executive Engineer,
                         Medium Project Office, Yavatmal
                         (Now Yavatmal Project Construction
                         Division, Yavatmal)                                              .... APPELLANTS

                                                      // V E R S U S //

                 1.      Malkarjun Vithuappa Bhende,
                         Aged about 71 Yrs., Occ. Agriculturist,
                         R/o. Pimpalgaon (Kale), Tq. Ner,
                         District Yavatmal

                 2.      The State of Maharashtra,
                         Through Collector, Yavatmal,
                         Tq. and District Yavatmal

                 3.      The Special Land Acquisition Officer,
                         Minor Irrigation Works No.2, Yavatmal,
                         Tq. and District Yavatmal                                     ... RESPONDENTS
                 --------------------------------------------------------------------------------------------------
                          Mr Vinay Dahat, Adv. h/f. Mr J. B. Kasat, Advocate for the appellant
                          Mr A. B. Nakshane, Advocate for the respondent No.1
                          Ms Trupti Udeshi, AGP for respondent Nos. 2 and 3
                 --------------------------------------------------------------------------------------------------

                                            CORAM : G. A. SANAP, J.

DATE : 06/09/2023

11.fa.35.2022 judge.odt

ORAL JUDGMENT :

1 Heard finally with the consent of learned Advocates for

the parties.

2 The appellants have questioned the correctness of

judgment and award dated 03.05.2017 passed by the Civil Judge

Senior Division, Yavatmal in Land Acquisition Case No. 329 of

2013 on the ground that the enhancement of the compensation

granted by the reference Court is excessive and exorbitant.

3 The house property bearing Plot No.197 with

construction was acquired by the appellants for the Kohala project.

Being aggrieved by the inadequate compensation awarded by the

Land Acquisition Officer, the reference was filed by the respondent

No.1. The reference was partly allowed. The reference Court

granted compensation @ of Rs.1125/- per Sq. Mtrs. for the open

plot and @ of Rs.2160/- per Sq. Mtrs. for construction.

11.fa.35.2022 judge.odt

4 Learned Advocates for the appellants and respondent

No.1 and learned AGP for the State submits that in an identical fact

situation this Court in First Appeal No. 676 of 2018 vide judgment

dated 05.02.2020 has maintained the award where the similar

compensation was awarded in respect of similarly situated property.

The advocates, therefore, submitted that since the matter is covered

by the decision in First Appeal No. 676 of 2018, the appeal needs

to be disposed of by maintaining the judgment and award dated

03.05.2017 passed by the reference Court. Accordingly, the

judgment and award dated 03.05.2017 is maintained.

                               5            The first appeal stands dismissed.




                                                                                   (G. A. SANAP, J.)



                               Namrata




Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 07/09/2023 11:29:48